FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

By Damien Geradin

This paper addresses an important policy question, which is whether SEP-related disputes should be subject to mandatory arbitration (as a requirement imposed by SSOs) or whether arbitration should remain one of the possible options open to the parties to settle such disputes. Parties should be free to opt for arbitration, as well as to select the key procedural features of the arbitration. The paper goes on to discuss the various initial steps that parties wishing to have FRAND licensing terms determined by arbitration need to take, the various methodologies that can be used by the parties and the arbitrators to calculate FRAND licensing rates and finally turns to the enforcement of the award.